Understanding capital punishment law

This treatise is designed to provide an overview of the complex issues surrounding capital punishment. The primary emphasis of Understanding Capital Punishment Law is an explanation of the constitutional law that governs death penalty proceedings in the United States. Understanding Capital Punishment Law is structured in five parts:

Overview. These chapters include arguments for and against capital punishment, and an overview of the legal constructs for analysis of Eighth Amendment issues. Trial Procedures. This group of chapters covers the constitutional issues that have shaped the process into a guilt phase and a penalty phase: aggravating circumstances, mitigating circumstances, and a decision on death or life. Topics include categorical bars to the death penalty, such as mental retardation; the function of aggravating evidence to narrow the group of death-eligible defendants; the presentation of aggravating evidence, such as victim-impact evidence; the function of mitigating evidence to provide for individualized consideration of the defendant; the presentation of mitigating evidence; and the decision process, including the distinction between weighing and non-weighing states and life without parole instructions. Post-Trial Procedures. These chapters include direct appeal; habeas corpus, with an emphasis on ineffective assistance of counsel and innocence claims; clemency; and death row issues of insanity and the death row phenomenon. Systemic Issues. Pervasive issues of race and gender discrimination are covered as well as the constitutional and practical problem of 'volunteers' for the death penalty. Additionally, there is a chapter that explains and describes international treaty issues in capital cases. Future Issues. A final chapter looks at issues that are likely to arise in future death penalty cases, including the constitutionality of executing juveniles and the effect of terrorism on death penalty law.

Introduction to capital punishment law -- The death penalty debate -- Sources of law -- Challenges to the constitutionality of the death penalty -- Methods of execution -- Modern death penalty statutes -- The death penalty trial -- Categorical bars to the death penalty -- Overview of aggravating evidence : the eligibility function and the selection function -- Aggravating circumstances : eligibility of the case for the death penalty -- Aggravating evidence and the selection decision -- Selection process : mitigation -- Selection process : the life or death decision -- Direct appeals -- Postconviction proceedings : the writ of Habeas Corpus -- Ineffective assistance of counsel -- Innocence -- Clemency -- Death row issues : insanity and death row phenomenon -- Race and the death penalty -- Gender bias and the death penalty -- Volunteers : defendants who want to die -- International treaty rights and the use of foreign law in death penalty cases -- The federal death penalty -- Military death penalty -- The death penalty in a global context -- Evolving attitudes on capital punishment : the move away from the death penalty -- Future issues in capital punishment law.